(a) The owner of a private road or driveway located in a private residential area containing twenty or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements:
(1) The speed limit is not less than twenty-five miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person, and meets the specifications for the basic speed limit sign included in the manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09;
(2) The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, a speed limit has been established for the road or driveway, and the speed limit is enforceable by law enforcement officers under State or municipal law.
(b) No person shall operate a vehicle upon a private road or driveway as provided in subsection (a) hereof at a speed exceeding any speed limit established and posted pursuant to subsection (a) hereof.
(c) When a speed limit is established and posted in accordance with subsection (a) hereof, any law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in Ohio R.C. 4511.091 or by any other accepted method of determining the speed of a motor vehicle and may stop and charge the person with exceeding the speed limit.
(d) Points shall be assessed for violation of a speed limit established and posted in accordance with subsection (a) hereof only when the violation involves a speed of five miles per hour or more in excess of the posted speed limit.
(e) As used in this section:
(1) “Owner” includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners’ association, a property owner’s association, the board of directors or trustees of a private community, and a nonprofit corporation governing a private community.
(2) “Private residential area containing twenty or more dwelling units” does not include a Chautauqua Assembly as defined in Ohio R.C. 4511.90.
(Ord. 90-88. Passed 10-15-90.)
(f) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.